Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-11-16
THE VIRGINIA CASE.
THE ARGUMENT CLOSED BEFORE THE
SUPREME COURT.
Mr.. Tucker Confident that the State Off.
eials will be Released Conk-
ling's Argument Criticised.

The Washington star Of yesterday
evening says: In the United States Su-
preme Court today the Virginia habeos-
corpus case was resumed, Mr. Tucker
for the petitioners and the State having
the floor. Ex-Governor Chamberlain,
for the bondholders, obtained permission
TO read the decree in a case which he
cited yesterday. and in regard to which
he was questioned by Justice Gray Mr..
Tucker, resuming his argument, main
tanned that the act Of the Virginia lie
gislature Of 1887 was not, as bad been
claimed by the other side. a defiance Of
the decisions of the Supreme Court, but
that in fact it was made to conform with
these decisions. Re held that in such
litigation, instead of steering as close TO
"A violation OF State sovereignty rs posi-
BILE without conflicting with ii, the true
policy was to keep as far away as posi-
bic from such collision.
Mr. Tucker defined the difference be-
tween an infringement Of the rights of
the citizen by State officers, for which
the officer, in his official capacity, could
be held responsible, and the authorize
tive act of the officer in his capacity as
a representative of the State He main
tanned that in the case under considera-
ton the officials were
REPRESENTING THE STATE,
and that the proceedings against them
were, in fact, proceedings against the
State that this was proceeding against
the sovereign State of Virginia, and not
against certain of her officials. He SAID
that God only knows what may be the
construction of the law that the time
may have come when these "peddlcrs
in coupons the foreign bondholders-
may be able 10 cDjoln the State and tie
her hands. In very earnest language he
declared that the present proceedings
were without law, without jurisdiction,
and without power. and said that if any
thing he had uttered could serve to pre-
vent the invasion OF the recognized
rights of the States, he would thank God
for the utterancc.
The case was taken under consdera-
ton, and the next on the docket called.
MIR. IltkEk COM IllENI.
After the argument closed and the case
was submitted a STIR reporter asked ex-
Congressman Tucker what he thought OF
the prospects. He said he felt confident
that the State officers now held under
arrest for contempt of court would bc re-
leased. and that the decision would sus-
tain his side of the case.
MR.. CoVKIlNG's ARGUMENT.
The argument of ex-senator Conklinl
was a decided disappointment to the Nir
ginia people. He was paid large fee fol
his appearance I'm regard TO Mr.. Conk-
lng's argument there seems TO be no diff
ference Of opinion, or OF expression, at
least, among those who have taken Sc
much interest in behalf Of the Virginia
officials who have been committed toI
contempt. It seems to have been OK
pectcd that Mr.. Conklng would make
one of his greatest efforts that he woul,
put himself on record. before the Court
as maintaining that the sovereignty Of d
State could not or should not ire iu
vaded. Instead of that Mr.. Conk.inl
delivered a very mild and non comuitta
speech. He did not lay down any af
PRIMITIVE legal propositions Int usually
quoted his clients. iu making h'
strongest points, 1t is said. Mr.. Coukliul
would say my clients affirm TINS anD
50. or 1.-THE petition alleges 50 and 3d.
There "a no concoalment of tine d;srp
pointment at thc cX-Scuator's argument
and some say that he was not willing e
put himself on record in favor of amy
thing like States right, because he foaIc,
that it might alisca1aiu,t him hereafter
that he is not done with political ambl
ton, and he was not willing to say any
thing that might hurt him in aspiration.
for future political honors.
During the proceedings to-day Nr
Conhlug occupied a seat OFF to one sid'
Of the bar, apparently taking bat htt.'
interest in the proceedings.